A momentous verdict
THE HANS INDIA |
Sep 07,2018 , 03:42 AM IST
“Take me as I am," said the Chief Justice of India while reading out his landmark Section 377 verdict on Thursday. Suddenly, the Sun seemed to have really appeared in the dark skies over the nation – a nation choking under the fringe elements diktats all these years and seeking to know why they should not wear what they felt like and what they should eat to remain alive in this country and a nation pouring over dictionaries to know the meaning of the words like freedom of speech and expression and equality and justice enshrined in the Constitution.
With a surgical strike on irrationality, the Constitution bench decriminalised gay consensual sex. The import of this won't be understood by the religious fanatics or those who turn their gaze away from the sufferings of the families of men and women who sought to give wings to their expressions of love. The import won't also be understood by the traditionalilsts and conformists, too, of the society who sought a status quo of the criminality.
What was criminal was the silence over the sufferings and the sanctions against it. The society is certainly better for individualism now as the apex court observed. After all, Section 377 was all about Victorian morality. Let us understand that we cannot escape from their individuality and we have to accept it. It is a prejudice and such prejudices have to go. This ruling will go a long way in reforming our legal system further.
The adoption laws need to be amended now and laws of inheritance too perhaps. This ruling will certainly lead the nation on the path of progress. For those questioning the progressive nature of the ruling, it should be told that respecting individual choices is the ultimate freedom, be it in making love or eating. The LGBT community may be minuscule in number, but the apex court rationally moved to legally empower it and removed the guilt factor from their lives due to which they were facing untold misery.
Again, this verdict would in no way alter the ways of the society except for the fact that those preferring their individual freedom to partners won't have to feel guilty in future. As some fringe voices were airing fears, society is not going to turn gay with this ruling because it does not happen because of the laws.
Those who prefer such a life will always seek it either in light or in darkness. What is left now is the general acceptance of the same. This should not be a problem for the society that believes in the 'Aham' as Eswara. Each unto himself, seeking and exploring and in happiness and joy.
That is the essence of life and India or at least a part of India has awakened to its freedom. Many more such freedoms are being sought and one only hopes that the true essence of democracy prevails sooner. Let's say best of luck to the LGBT community who get freedom from police harassment now and faced intimidation from the society all these days. Happy Independence Day for LGBT!